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Hermeneutics & Morocco's Family Code SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Spring 2020 From the Ulama to the Legislature: Hermeneutics & Morocco’s Family Code Rachel Olick-Gibson SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the African Studies Commons, Gender and Sexuality Commons, Human Rights Law Commons, Islamic Studies Commons, Law and Gender Commons, Politics and Social Change Commons, Religion Law Commons, Social Policy Commons, and the Women's Studies Commons Recommended Citation Olick-Gibson, Rachel, "From the Ulama to the Legislature: Hermeneutics & Morocco’s Family Code" (2020). Independent Study Project (ISP) Collection. 3362. https://digitalcollections.sit.edu/isp_collection/3362 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. From the Ulama to the Legislature: Hermeneutics & Morocco’s Family Code Rachel Olick-Gibson Academic Director: Belghazi, Taieb Advisor: Bordat, Stephanie Washington University in St. Louis Africa, Morocco, Rabat Submitted in partial fulfillment of the requirements for MOR: Multiculturalism and Human Rights, SIT Study Abroad, Spring 2020 1 Table of Contents Abstract……………………………………………………………………………………………3 Acknowledgements ………………………………………………………………………………4 Introduction ………………………………………………………………………………………5 Historical Overview ………………………………………………………………………………7 Literature Review …………………………………………………………………………………9 Methodology…………………………………………………………………………………….13 Creation of the Moudawana ……………………………………………………………………14 Implementation…………………………………………………………………………………25 Islamic Feminism as the Way Forward…………………………………………………………34 Conclusion ………………………………………………………………………………………43 Limitations of the Study…………………………………………………………………………43 Recommendations for Further Study……………………………………………………………44 References ………………………………………………………………………………………45 2 Abstract This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays in these barriers. I will also situate this in larger debates concerning the role of CSOs in authoritarian regimes, the international regime’s conception of universal human rights and state control of religion. Finally, this study examines the strengths and challenges facing the Islamic feminist movement and assesses the potential for this movement to produce further reforms to the Moudawana and increase gender equality in Moroccan society. Keywords: Islam, Moudawana, shari’a, ijtihad, feminism, CSO, Morocco, democratization 3 Acknowledgements First, I would like to thank all of the participants in my study who were so flexible and willing to speak with me over online platforms amidst a global pandemic. I am so grateful for the depth of knowledge and insight you brought to our conversations. In particular, I thank amina wadud for agreeing to meet with me and equipping me with the tools to address the issues covered in this study and beyond. Our interview will inform my intellectual development and perspective for years to come. I thank the SIT: Multiculturalism and Human Rights Program and the Center for Cross-Cultural Learning for providing a welcoming and engaging learning environment and connecting me with resources and experts in the field. Thank you to Stephanie Bordat for supporting my research and providing with the legal tools to approach this topic. I am so grateful for your willingness commit so much time to helping me develop my ideas. Last but certainly not least I would like to thank Taieb for your humor, your relentless kindness, your profound insight, and your dedication to all of your students. I feel truly lucky to be one of them. 4 Introduction On March 12, 2000, mass demonstrations took place in both Rabat and Casablanca in reaction to Morocco’s National Plan for the Integration of Women in Development (Zoglin 2009). In Rabat, 300,000 people demonstrated in support of the plan, while in Casablanca, over one million protested in opposition (Hursh 2012). The Rabat demonstrators consisted of both secular and religious women’s rights groups, international human rights organizations, unions, and government ministers. Meanwhile, the Party for Justice and Development (PJD) mobilized conservative Islamist groups and traditionalists to protest the plan in Casablanca (Zoglin 2009). Many conservative women participated in the Casablanca march as well (Maddy-Weitzman 2005). Islamists viewed the plan as a Western attempt to secularize Moroccan society, arguing that the it was fundamentally incompatible with the values of Islam. However, women’s rights groups argued that the plan adhered to ideals of equality and justice laid out by the Qur’an. These opposing sides cited different interpretations of and verses from the Qur’an in order to justify their arguments that the plan was either in line with or antithetical to Islam (Zoglin 2009). These groups’ attempt to base their political advocacy in Islamic law or shari’a is representative of the way in which the debate surrounding women’s rights in Morocco is grounded in hermeneutics. King Mohammed VI responded to the public dispute by creating a Royal Commission to re-examine Morocco’s Personal Status Code or Family Code, the only piece of Moroccan legislation based on shari’a. The King directed the Commission to review the code based on Islamic legal reasoning known as ijtihad and the principles of universal human rights (Zoglin 2009). Parliament adopted the new Family Code, also known as the Moudawana, in January of 2004. The reforms to the code increased women’s equality in matters of marriage, divorce, child custody, and several other aspects of family life. 5 In this study, I will examine the role interpretation that Islamic law has played thus far in reforming the Family Code and to what extent these reforms have fundamentally expanded women’s rights in Morocco. I will then analyze the methods of ijtihad promoted by Islamic feminists as a mechanism by which activists can further address the challenges Moroccan women still face in family law proceedings. I selected this topic based on a ‘conflict’ consistently presented in my coursework on international relations and Islamic studies. My past professors argued that liberal ideals such as democratization and gender equality can only be achieved through secularization, and, therefore, are fundamentally incompatible with and antithetical to Islam. In the context of this framework, democratization efforts or women’s rights movements were considered to be solely the product of the neocolonial imposition of Western values on Muslim societies. Through this study, I wanted to learn both how religious law could translate into the laws of Morocco as a nation-state and investigate the ways in which Moroccan Muslim women seek to establish their legal rights not in spite of but based on the values of Islam. In this study, I interviewed experts, Moroccan politicians and government officials, and Islamic feminists and activists. I based my work in grounded theory, a theory generated solely from the data I collected in this study. Part I of this study provides a history of the Moroccan women’s rights movement. Part II includes a literature review of the recent publications that analyze this topic. Part III explains the methodology employed in my study. Part IV presents the findings of my research concerning the role of shari’a in the creation of the new Family Code. Part V assesses the successes and challenges involved in the implementation of this code. Finally, in Part VI, I will propose that the reinterpretation of Islamic law through a feminist lens as practiced by contemporary Islamic 6 feminists offers a way of expanding women’s rights through a homegrown movement, grounded in religion. In this final section, I will assess the strengths and limitations of the Islamic feminist movement. Part I: Historical Overview Islamic law played a critical role in the Moroccan struggle for independence (Hursh 2012). Islam served as one of the strongest forces for anti-colonial resistance across the Middle East North Africa region. In response to French colonial occupation, the Moroccan independence movement emphasized Morocco’s Islamic character. As the only piece of legislation based on Islamic law, the Family Code became the most important symbol of Morocco’s identity as a Muslim nation. King Mohammad V instituted Morocco’s first Family Code by royal decree in 1957, the year of Moroccan independence (Zoglin 2009). The King based the code on the Maliki school of Islamic jurisprudence (Maddy-Weitzman 2005). Under this code, women could not consent to marriage without the permission of an appointed wali or tutor, who had legal authority over her decisions. Women were also unable to initiate
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